Bill H.4141
187th (2011 - 2012)

An Act Relative to the Charter of the Town of Chatham

Bill Title: An Act Relative to the Charter of the Town of Chatham

By Ms. Peake of Provincetown, a petition (accompanied by bill, House, No. 4141) of Sarah K. Peake and Daniel A. Wolf (by vote of the town) relative to amending the charter of the town of Chatham. Municipalities and Regional Government. [Local Approval Received.]

SECTION 1. Section 1-4 of the Charter of the Town of Chatham is hereby amended by striking in the fourth line the words “as fully and as though” and replacing it with “as fully as though”

SECTION 2. Section 2-3 of the Charter of the Town of Chatham is hereby amended by striking the section in its entirety and replacing it with the following:

Section 2-3, Annual Town Meeting

The town meeting shall meet at least twice in each calendar year. The first such annual town meeting shall be held during the first six calendar months at a time fixed by bylaw, and shall be primarily concerned with the determination of matters that have a fiscal effect on the town, including but not limited to the adoption of an annual operating budget for all town agencies. The second such meeting, the powers of which shall be deemed those of an annual town meeting, shall be held during the last four calendar months at a time fixed by bylaw.

SECTION 3. Section 3-2(b) of the Charter of the Town of Chatham is hereby amended by striking in the sixth line the following sentence:

The board of selectmen shall have all the powers and duties of a water and sewer commission.

SECTION 4. The Charter of the Town of Chatham is hereby amended by adding the following new section:

Section 5-4, Water and Sewer Commission

There shall be a water and sewer commission, appointed by the board of selectmen consisting of three members, appointed for overlapping terms of three years each. Said water and sewer commission shall have all the powers and duties provided under Massachusetts General Laws, Chapter 40, 41 and 83 with the following exceptions:

1) The board of selectmen shall set the water user rates and sewer user rates

2) The town manager shall retain all powers and duties set forth in Sections 4-6 and 4-7 of this charter

3) The water and sewer commission shall have prepared annually, or as needed, a study of the water user rates and sewer user rates and shall submit said studies along with the water and sewer commissions’ recommendations to the board of selectmen for their action.

SECTION 5. Section 3-2(c) of the Charter of the Town of Chatham is hereby amended by striking in the second line “and members of boards, commissions, or committees for which no other provision is made in this charter” and inserting in place thereof “The board of selectmen shall further appoint members of boards, commissions or committees for which no other appointment provision is made in this charter.”

SECTION 6. Section 5-1(a) of the Charter of the Town of Chatham is hereby amended by adding in the eleventh line after the first appearance of the word “selectmen” the following:

and the office of the town clerk

SECTION 7. Section 5-1(b) of the Charter of the Town of Chatham is hereby amended by adding in the seventh line after the word “functions,” the word “purpose”

SECTION 8. Section 5-1(d) of the Charter of the Town of Chatham is hereby amended by adding in the third line after the word “manager” the following:

and from the office of the town clerk

SECTION 9. Section 5-2 of the Charter of the Town of Chatham is hereby amended by striking in the first line “during the course of the budget preparation process the town manager” and inserting in place thereof “the board of selectmen”

And further in said section by adding in third line after the word “committees” the following: “under its jurisdiction”

And further in said section by striking in the third line the words “town manager” and inserting in place thereof “board of selectmen”

And further in said section by striking in the sixth line the words “town manager” and inserting in place thereof “board of selectmen”

And in said section by striking in the eighth line the following:

“town manager shall report such findings and make any recommendations deemed appropriate to the board of selectmen. The board of selectmen shall hold a public hearing on any finding or recommendation made by the town manager”

And inserting in place thereof “board of selectmen”

SECTION 10. Section 5-3 of the Charter of the Town of Chatham is hereby amended by adding in the eighth line after the word “development,” the word “evaluation”

And further in said section by striking in the fourteenth line the following:

“shall be a town employee who is not otherwise represented by a collective bargaining unit”

And inserting in place thereof the following:

“shall be a town employee who is subject to the personnel rules and regulations. Said member shall not be a department head and shall be recommended to the board of selectmen by vote of those employees subject to the personnel rules and regulations.

SECTION 11. Section 6-1 of the Charter of the Town of Chatham is hereby amended by striking in the third line “budget and capital improvement plan” and inserting in place thereof “operating and capital budgets”

SECTION 12. Section 6-2 of the Charter of the Town of Chatham is hereby amended by adding at the end of the section the following:

Year one of the five year capital improvements program shall be submitted with the operating budget for the ensuing fiscal year.

SECTION 13. Section 6-3 of the Charter of the Town of Chatham is hereby amended by striking in the first line the words “budget improvements” and inserting in place thereof the word “budgets”

SECTION 14. Section 7-6 of the Charter of the Town of Chatham is hereby amended by striking in the fifth line the words “a square” and inserting in place thereof the words “an area”

And further in said section by striking in the sixth line the words “a cross mark (x)” and inserting in place thereof the words “a mark in accordance with the instructions on the ballot,”

SECTION 15. Section 8-2 of the Charter of the Town of Chatham is hereby amended by striking in the first line the word “five” and inserting in place thereof the word “seven”

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